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State v. Bessert5/1/2002
lood draw survives the test of reasonableness under the Fourth Amendment when the suspect has expressed a fear of needles and asked for a breath test rather than a blood draw. Bessert cannot make that argument under the facts of this case.
. As to his challenge to the warrantless testing of his blood sample, Bessert acknowledges this court's recent holding in State v. VanLaarhoven, 2001 WI App 275, 248 Wis. 2d 881, 637 N.W.2d 411, that a warrant is not required for the testing of evidence otherwise lawfully seized. Id. at . Bessert argues that VanLaarhoven is not satisfied because his blood sample was not lawfully seized in the first instance because of the unconstitutionality of the implied consent law. But, as we have noted, Thorstad says otherwise.
. We reject Bessert's constitutional challenges. We affirm the judgment of conviction.
By the Court. -- Judgment affirmed.
This opinion will not be published. See Wis. Stat. Rule 809.23(1)(b)4.
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